Broughton v. West
Supreme Court of Georgia
Assumpsit, from Troup County. Decision by Judge Hill, at November Adjourned Term, 1849. Charles West brought his action against Broughton, administrator of L. Lackey, on this note : “ One day after date, I promise to pay Charles West, or bearer, five hundred dollars, for value received, with interest from 25th December last.
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Assumpsit, from Troup County. Decision by Judge Hill, at November Adjourned Term, 1849. Charles West brought his action against Broughton, administrator of L. Lackey, on this note : “ One day after date, I promise to pay Charles West, or bearer, five hundred dollars, for value received, with interest from 25th December last. January 22, 1842.” Defendant’s counsel objected, on the trial, to said note as evidence, because it had been altered without the knowledge of Lackey, the maker, in this, that the name of one Thos. McKee, who had signed as surety, had been erased at his request — erased by…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The release of the surety, and cutting his name off this note, does not invalidate it. A great deal of the doctrine of the English books, relative to the alteration of bills and notes, arises out of the policy of the Stamp Acts of Great Britain. Those Acts are not of force in this State. The policy of the English Stamp Acts, is revenue. The more contracts of this sort, the more duty; hence the rigidity of the rules as to alterations. Alterations require new contracts, and new contracts bring larger revenues. But aside from these Acts, the…
2Cases cited3 opinions
- Langworthy v. ChadwickSupreme Court of Connecticut · 1838
- Pugh v. BusselIndiana Supreme Court · 1831
- Scott v. PriceSupreme Court of Pennsylvania · 1815
3Cited by6 opinions
- Hamby v. CrispCourt of Appeals of Georgia · 1934
- Harper v. StroudTexas Supreme Court · 1874
- International Harvester Co. v. DavisCourt of Appeals of Georgia · 1913
- Cook v. ParksCourt of Appeals of Georgia · 1933
- German-American Bank v. HennisSupreme Court of Oklahoma · 1915
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